HomeMy WebLinkAbout20113257 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0001, FOR A USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, (SAWMILL AND RETAIL SALES OF LUMBER AND
FURNITURE) IN THE A (AGRICULTURAL) ZONE DISTRICT- DAN ODELL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 21st day
of December, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Dan Odell, 5406 County Road 23, Fort Lupton, Colorado 80621, for a
Site Specific Development Plan and Use by Special Review Permit, USR11-0001, for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial
or Industrial Zone Districts, (sawmill and retail sales of lumber and furniture) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of the SW1/4 of Section 1, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
Section 22-2-150.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support such
development. Such development shall attempt to be compatible with the
region." The Conditions of Approval and Development Standards will
ensure that the proposed use will be compatible with the area. The
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surrounding property is primarily agricultural in nature. Section
23-2-240.A.10 of the Weld County Codes states, ". . . that buffering or
screening of the proposed use from adjacent properties may be required
in order to make the determination that the proposed use is compatible
with the surrounding uses." The applicant has indicted he will screen all
outdoor storage and parking areas from County Road 23 and surrounding
property owners.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.R of the Weld County
Code allows for A Site Specific Development Plan and Use by Special
Review Permit for a Use Permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts
(sawmill and retail sales of lumber and furniture) in the A (Agricultural)
Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
property to the south, east, and west are zoned A (Agricultural). No
comments have been received from the surrounding property owners.
The property to the north is zoned C-3 (Business Commercial), case
number Z-54, and is currently being used as an oil and gas support
business. Therefore, given the minimal impact of the proposed business,
the use will be compatible with the surrounding land uses.
d. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The property is not located within an Intergovernmental
Agreement Area but does lies within the three-mile referral area for the
City of Fort Lupton and the Town of Frederick. In a referral dated July 25,
2011, the Town of Frederick indicated no conflicts with the proposed
development. The City of Fort Lupton, in a referral dated August 30,
2011, indicated "that they have met with the applicant regarding potential
annexation and how the property is designated by the Town
Comprehensive Plan. The property is designated as mixed use and
agricultural uses for future zoning. County Road 23 is designated as an
arterial roadway with future right-of-way of 120 feet. There is also a trail
designated on the eastern portion of the property. Fort Lupton is not
opposed to the proposed commercial venture but would like to continue
the discussion of potential annexation and development of the property
through the Fort Lupton process. Should this proposal be approved we
request that the future ROW on County Road 23 and the future trail
corridor be taken into account and be conditions of any approvals made
by the Planning Commission and County Commissioners." The majority
of the surrounding area is zoned A (Agricultural) with C-3 zoning just
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north of the site. The Conditions of Approval and Development
Standards will ensure that the use will be compatible with existing
surrounding land uses.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
April 25, 2011, building permits issued on the subject site will be required
to adhere to the fee structure of the County Facility Fee and the Drainage
Impact Fee Programs.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The subject site is classified as "Prime (Irrigated)
Farmlands of National Importance," as delineated on the Important
Farmlands of Weld County map, dated 1979. The size of the parcel is
16.7 acres and the area where the business activity is occurring is
currently developed, therefore, the proposed USR does not take any
additional Prime (Irrigated) Farmland out of production.
g. Section 23-2-230.6.7 — There are adequate provisions for the protection
of health, safety, and welfare of the inhabitants of the neighborhood and
County. The Design Standards (Section 23-2-240 of the Weld County
Code), Operation Standards (Section 23-2-250 of the Weld County
Code), Conditions of Approval, and Development Standards will ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Dan Odell, for a Site Specific Development Plan
and Use by Special Review Permit, USR11-0001, for a Use Permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts,
(sawmill and retail sales of lumber and furniture) in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR11-0001.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. The existing accesses labeled with the Access Permit number (will be
provided).
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E. Label the Water Quality Area and show flow arrows directing the flow
from the business area to the pond.
F. Delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used
for storage or trash collection shall be screened from adjacent properties
and public rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or animals.
G. The approved Screening Plan.
H. The Department of Planning Services has determined, from the
application materials, that fourteen (14) parking spaces and one (1) ADA
parking space will be required on the site. Each parking space should be
equipped with wheel guards, where needed, to prevent vehicles from
extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, sidewalks, or plantings.
County Road 23 is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. An additional 10 feet
shall be delineated on the plat as future County Road 23 right-of-way. All
setbacks shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents creating
the right-of-way, and this information shall be noted on the plat. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
J. The 32-square-foot sign located adjacent to County Road 23 shall be
setback 60 feet from the centerline of County Road 23.
K. The recorded access easement for ingress and egress and shall be
referenced on the plat by the Weld County Clerk and Recorder's
reception number.
2. The applicant shall address the requirements/concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
September 29, 2011. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. The applicant shall address the requirements/concerns of the City of Fort Lupton,
as stated in the referral response dated August 30, 2011. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services.
4. In the event the applicant intends to utilize the existing septic system at the office
or the residence, for employees and/or customers, the septic system shall be
reviewed by a Colorado registered professional engineer if the usage exceeds
eight (8) people. The review shall consist of observation of the system and a
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technical review describing the system's ability to handle the proposed hydraulic
load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In
the event the system is found to be inadequately sized or constructed, the
system shall be brought into compliance with current regulations.
5. The applicant shall enter into a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral for all
transportation (access drive, parking areas, etcetera) and non-transportation
(fencing, screening, drainage, etcetera). The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the USR plat. The applicant may submit
evidence that all the work has been completed and reviewed by the Departments
of Planning Services and Public Works.
6. Upon completion of Conditions of Approval #1 through #5 above, the applicant
shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. Upon approval of the paper
copies, the applicant shall submit a Mylar plat, along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within sixty (60) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
7. In accordance with Weld County Code Ordinance #2006-7, approved June 1,
2006, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
8. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
9. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
10. Prior to the Certificate of Occupancy for the Office:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The septic system is required to
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be designed by a Colorado registered professional engineer according to
the Weld County I.S.D.S. Regulations. A composting toilet is an
acceptable sewage disposal system.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of December, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO O
ATTEST: �, J1zJ_J
arbara Kirkmeyer, Chair
Weld County Clerk to the Board — �—
Sean C - Pro-Tem
BY: C
Deputy Berk to the Bo-�1► ��
JAPP' e . D AS iota13'P*.�..� \
/ David E. Long
o Attorney �, �4 c,,. vs � �
� -` ougl3sRademacher
Date of signature: Fa 5-/1-
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAN ODELL
USR11-0001
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0001, is
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (sawmill and retail sales of lumber and furniture)
in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of employees shall be limited to eight (8), as stated in the application.
4. The mobile home on the property can be utilized for an office only.
5. The public hours of operation shall be from 8:00 a.m., to 6:00 p.m., Monday through
Saturday.
6. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
12. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
Additional controls shall be implemented at the request of the Weld County Department
of Public Health and Environment, in the event noise levels detected off the site of the
facility exceed the industrial level, or in the judgment of the Weld County Environmental
Health Director, there exists a noise condition requiring abatement.
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13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
14. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
16. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants and volatile organic compounds.
17. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations
(5 CCR 1003-1).
18. This application is proposing a well as its source of water. The applicant shall be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that groundwater may not meet all drinking water standards as defined by
the Colorado Department of Public Health and Environment. The applicant is strongly
encouraged to test the drinking water prior to consumption and periodically test it over
time.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
21. Effective April 25, 2011, building permits issued on the subject site will be required to
adhere to the fee structure of the County Facility Fee and the Drainage Impact Fee
Programs.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct nor reflected light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
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25. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
26. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
27. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
28. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
29. Weld County is not responsible for the maintenance of on-site drainage related features.
30. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
31. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
32. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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